ABSTRACT
The fact that the judiciary remains the bastion of hope not just for the common man but also for the high and mighty in a society, makes judicial independence very crucial. Hence, judicial independence is said to be fundamental to democracy but sad to say, it seems it is only lip-service that is being paid to this crucial concept in most countries; our country Nigeria is not an exception of this fact situation, otherwise how would anybody explain the disillusionment and utter lack of confidence by greater percentage of the populace in the judiciary, considering it a feeble weak arm of government, corrupt and inefficient. To some, the judiciary is a shadow of itself, adept at protecting others, inept of protecting itself. These remarks derived from observations of the alleged or actual behaviours of some judges themselves and their independence, impartiality and integrity when adjudged by the citizens. Again, the treatment meted on to this important arm of government by the executive arm of government is a cause for worry. It therefore, raised curiosity and concern as to why any judicial system should be seen in the above light and the extent to which the above issues are justiceable. It calls for urgent examination of whether the independence of the Nigeria judicial system is guaranteed and practicable, and whether it remains a reechoed concept. Also, to ascertain whether the lofty constitutional provisions with regards to judicial independence has any substance or whether what could have been a constitutional guarantee of judicial emancipation remains only as a sermon in Nigeria, as such awaiting reforms shall make it justiceable.
TABLE OF CONTENTS
ABSTRACT
TABLE OF CONTENTS
TABLE OF CASES
TABLE OF STATUTES
INTERVIEWS AND PERSONAL COMMUNICATIONLIST OF ABBREVIATIONS
CHAPTER 1: GENERAL INTRODUCTION
1.0.0: INTRODUCTION
1.1.0 : BACKGROUND TO THE STUDY
1.2.0 : OBJECTIVES OF THE STUDY
1.3.0: FOCUS OF THE STUDY
1.4.0 : SCOPE OF THE STUDY
1.5.0: METHODOLOGY
1.6.0: LITERATURE REVIEW
1.7.0: DEFINITION OF THE TERMS
1.8.0: : CONCLUSION
CHAPTER 2: PROCEDURAL PROBLEMS IN THE ADMINISTRATION OF JUSTICE
2.0.0 : INTRODUTION
2.1.0 : POWERS OF COURTS
2.2.0: OUSTER OF THE COURT JURIDICTION
2.3.0: PROBLEM OF ACCESS TO JUSTICE
2.4.0 LOCUS STANDI AND ACCESS TO JUSTICE
2.5.0 : STATUTE BAR
2.6.0: OBEDIENCE/DISOBEDIENCE OF LAWFUL COURT ORDER
2.7.0: CONCLUSION
CHAPTER 3: INSTITUTIONAL PROBLEMS IN THE ADMINISTRATION OF JUSTICE
3.0.0: INTRODUCTION
3.1.0: PROSECUTION OF CASES BY THE POLICE
3.2.0: DELAYS IN RECEIVING REPORTS FROM GOVRNMENT EXPERTS
3.3.0: THE ROLE OF THE BAR (OFFICIAL AND PRIVATE)
3.4.0: AN APPRAISAL OF THE PRISON AND REMAND HOMES
FOR JUVENILES
3.5.0: CONCLUSION
CHAPTER 4: INDEPENDENCE OF THE JUDICIARY
4.0.0: INTRODUCTION
4.1.0: SOURCE OF JUDICIAL POWERS
4.2.0: APPOINTMENT OF JUDGES
4.3.0: TENURE OF OFFICE OF JUDICIAL OFFICERS
4.4.0: REMUNERATION OF JUDICIAL OFFICERS AND
FINANCIAL INDEPENDENCE
4.5.0: OTHER STAFF IN THE JUDICIARY
4.6.0: CONTINUING EDUCATION PROGRAMME
4.7.0: CONCLUSION
CHAPTER 5: GENERAL CONCLUSION
5.0.0: CONCLUSION
5.1.0: RECOMMENDATION
BIBLIOGRAPHY
ARTICLES IN JOURNALS
ARTICLES ON THE INTERNET
BOOKS
CHAPTERS IN BOOKS
NEWSPAPER REPORTS
NEWSPAPER ON THE INTERNET
PAPERS PRESENTED AT CONFERENCES, WORKSHOP AND SEMINARS
REPORTS AND OFFICIAL DOCUMENTS
REPORTS AND OFFICIAL DOCUMENTS ON THE INTERNET
CHAPTER 1
GENERAL INTRODUCTION
1.00:
INTRODUCTION
As an introduction it is worthy of note that
this project centers upon the “A Critical Appraisal on the Judiciary
Independence”. The Nigerian political history dated back to the pre-colonial
era. The various ethnic groups had one
form or system of political and judicial set up that were distinct and peculiar
to each ethnic group.
This essay gives
us the background of Nigeria judicial system before independent. In the
Northern part of Nigeria there was well established monarchical form of
government, and its judicial system was based on the shariah which was strongly
influenced by Islam. The Yoruba of the south west of Nigeria equally had a
monarchical form of government [based on the cultural set up of the society]
and the judicial system was based on the royal court of the “Obas”. The South
East had a lose form of government based
on community headship of splinter groups without a central power as it
was the case in the north and south west of the country,
While the
judicial system was the same “Communal market system of adjudication”.
The prominent judicial system in the North was
the “Alkali courts” presided over by the Emirs or the Alkalis [judges] who were
very versatile in shariah law. The South west had courts similar with those in
the North which were based on the traditions, customs and practices of the
area, these were called “kotu oba or kotu Asipa” depending on who was the
presiding judge.
This project
also points out that the judiciary continued to build up its standard from this
period up to when the country attained its independence in 1960.
One can
conveniently insinuate that the success of the judiciary today had been laid
long time ago by founding fathers. Also this essay shed more light on what
prevalent in Nigeria is the fact that which ever way a court judgment sway, it
is always construed by parties on both sides as either the victory for the rule
of law[in a win case] and perversion of
justice[on the losing side] but all these is human frailties. This is no way an
indictment of the judges or the process of adjudication. Thus this is an eye opener to the issues of administration of
justice in Nigerian courts.
Also this
project examines definitions that are more encompassing but that do not make it
to be generally acceptable to all. But few of them are considered below.
The Black’s Law
Dictionary1 defines the word “Administration” thus:-
“Management or performance of the
executive duties of a government, institution, or business. In public law, the
practical management and direction of the executive department and its
agencies. A judicial action in which a court undertakes the management and
distribution of property….”
The living Webster encyclopedic dictionary of
the English language defines the same word “Administration” as:-
“The act of administering;
direction, management; government of public affairs; the executive functions of
the government; the persons, collectively, who are entrusted with such
functions, and their period of being in office….”
Administration
is like a diamond having many facets. The facet would concentrate upon or
concern ourselves with in this essay is that one that relates to justice. What
then is justice? This is an arduous task, as there is no universally acceptable
definition of the term or word “justice”. It varies from person to person, from
author to author, from country to country e. t. c.
According to
Black’s law dictionary, justice means: “to do justice, to see justice done, to
summon one to do justice”.
While the living
Webster encyclopedic dictionary defines it as:-
“Equitableness,
unprejudiced adjudication of conflicting interests on the on the basis of legal
or moral principles lawfulness; what is rightly due; government judiciary
department….”
It is submitted
that the former seems not to have given a satisfactory definition of what
justice is. While the latter seems to have given the attributes of justice in
relation to its dispensation by the judicial arm of government which is charged
with the responsibility of adjudication over conflicting interests between
persons, or between government and any person and resolving same based on legal
and moral principles.